The Department of Justice (DOJ) and the Federal Trade Commission (FTC) in 2016 published Antitrust Guidance for Human Resource Professionals warning of criminal remedies for those participating in illegal no-poach agreements. Recently, the DOJ and FTC made good on that promise by filing the first public criminal indictment alleging a conspiracy between companies in which they agreed not to poach each other’s employees. The DOJ and FTC warned they could take such actions when “naked” wage-fixing and no-poach agreements were per se illegal violations under the antitrust laws.
On April 24, 2019, the United States Supreme Court issued its decision in Lamps Plus, Inc., et. al. v. Varela, No 17-988. In a 5-4 opinion, the Court held that an ambiguous agreement cannot provide the requisite contractual basis to support a finding that the parties agreed to submit a dispute to class arbitration.
Pennsylvania has joined the 23 states plus the District of Columbia that allow or soon will allow certain individuals to use medical marijuana. While the Medical Marijuana Act (the “Act”) will not be fully implemented for 18 months or more, it will pose a number of challenges for employers. It is therefore critical that employers
As more cities reach the harsh realization that public financing for sports venues is a losing proposition for taxpayers, Philadelphia has now enacted a law aimed at recouping some of its money and boosting local workers’ earnings via mandated higher wages at public facilities. On October 21, Mayor Jim Kenney signed the prevailing wage bill into law
Six U.S. federal financial regulatory agencies in May 2016 revised and re-proposed rules that were originally proposed in 2011, to govern the incentive compensation practices at financial institutions with consolidated assets of at least $1 billion (covered institutions). The proposed rules include new – and more stringent – requirements, especially for the largest institutions. The rules
This past fall, David Price, a 30-year-old free agent, signed a seven-year contract with the Boston Red Sox worth $217 million. Less than a week later, Zach Greinke, a 32-year old free agent, signed a six-year contract with the Arizona Diamondbacks worth $206 million. Despite these astronomical contracts, I argue in a forthcoming paper in
In the era of Tiger Woods’s racial self-identification as “Cablinasian” and Caitlyn Jenner’s transition from Olympian to transgender advocate, it may seem obvious that a growing number of Americans openly embrace fluid social identities, being multiracial, post-racial, transgender, or gender nonconforming, among others. Efforts to use new words and conceptions of race and sex appear